Senate Bill 135 would amend the
Michigan Penal Code to eliminate the maximum age of a student in third- and fourth-degree
criminal sexual conduct (CSC) violations involving a student and a school
official, employee, contractor, or volunteer or a government employee providing
service to a school, district, or intermediate school district (ISD), and to
delete an exception to those prohibitions for a situation in which the student
is emancipated.

Senate Bill 134 would amend Public
Act 189 of 1966, which prescribes search warrant procedures, to remove
reference to a fourth-degree CSC violation involving a special education
student, from a provision requiring the court to authorize the search and
seizure of hair, tissue, blood, or other fluids.

Both bills would take effect 90 days after
enactment. Senate Bill 134 is tie-barred to Senate Bill 135.

Senate Bill 135

Under the Penal Code, a person is guilty of
third-degree CSC if he or she engages in sexual penetration with another
person, or is guilty of fourth-degree CSC if he or she engages in sexual
contact with another person, and any of certain sets of circumstances exists.
Under one set of circumstances, the other person is at least 16 years of age,
but less than 18, and is a student at a public school or nonpublic school, and
either of the following applies:

--The
actor is a teacher, substitute teacher, or administrator of the school,
district, or ISD, unless the other person is emancipated or the two people are
lawfully married to each other at the time of the alleged violation.

--The
actor is an employee or contractual service provider of the school, district,
or ISD in
which the other person is enrolled, is a nonstudent volunteer, or is a
government employee assigned to provide any service to the school, district, or
ISD and uses his or her status to gain access to or establish a relationship
with the other person.

The bill would delete the qualifier that
the other person be less than 18, and the exception for an emancipated minor.

The Code also contains similar provisions
under which a violation is third- or fourth-degree CSC when the other person is
at least 16 but less than 26 and is receiving special education services. The
bill would delete those provisions.

Senate Bill 134

Under Public Act 189 of 1966, if the court
has probable cause to believe that an individual committed a CSC violation
listed in the Act, the court must, upon proper petition for a search warrant,
authorize the search and seizure of hair or tissue, or blood or other fluid
samples from all of the following:

--Any
individual whom the court has probable cause to believe committed the
violation.

--A
child, if the court has probable cause to believe that the violation resulted
in the birth of a child.

--The
remains of an unborn child, if the court has probable cause to believe that the
violation resulted in a terminated pregnancy.

The bill would delete from that requirement
reference to a fourth-degree CSC violation in which the other person is at
least 16 but less than 26 and is receiving special education services and the
actor is either of the following:

--A
teacher, substitute teacher, administrator, employee, or contractual service
provider of the school, district, or ISD, and is not lawfully married to the
other person.

--A
nonstudent volunteer or a government employee assigned to provide any service
to the school, district, or ISD who uses his or her status to gain access to or
establish a relationship with the other person.

The bills would have an indeterminate
impact on State and local government. There are no data to indicate how many
new convictions would occur under the expanded definition of criminal sexual
conduct contained in Senate Bill 135. Additional charges and convictions would
lead to an increase in State and local incarceration and community supervision
costs. Additional fine revenue would benefit public libraries.

Fiscal
Analyst: Dan O'Connor

This analysis was prepared by nonpartisan
Senate staff for use by the Senate in its deliberations and does not constitute
an official statement of legislative intent.